Durham v. Moore et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, 18 Report and Recommendations, 23 Report and Recommendations. With respect to the Report and Recommendation filed on 1/29/2015 (Doc. 11 ) and the objections ( Doc. 17 ) the Court ORDERS that the claims asserted in the amended complaint against Southern Ohio Correctional Facility (SOCF) and Toledo Correctional Institution (ToCI) defendants as well as against the Ohio Department of Rehabilitation and Correction (ODRC) defendants based on incidents that occurred at SOCF and ToCi are DISMISSED without prejudice. With respect to the Report and Recommendation filed on 3/20/2015 (Doc. 18 ) and the objections filed on 4/7/2015 (Doc. 20 ), the C ourt ORDERS plaintiff's case is DISMISSED with prejudice for lack of prosecution due to plaintiff's failure to comply with the Courts orders of 1/29/2015 and 2/20/2015. Plaintiff's objections to the 1/29/2015 Order and Report and Recommendation (Doc. 17 ) are OVERRULED. The Court certifies that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith. The Court determines from the Report and Recommendation issued 7/7/2015 (Doc. 23 ) that the plaintiff's Motion to Stay is DENIED. Signed by Judge Susan J. Dlott on 9/24/2015. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Roy A. Durham, Jr.,
Plaintiff(s),
vs.
Ernie Moore, et al.,
Defendant(s).

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Case Number: 1:14cv816
Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge
reviewed the pleadings and filed with this Court on January 29, 2015 a Report and
Recommendation (Doc. 11). Subsequently, the plaintiff filed objections to such Report and
Recommendation (Doc. 17). The Magistrate Judge issued an additional Report and
Recommendation on March 20, 2015 (Doc. 18) and plaintiff again filed objections (Doc. 20).
The Magistrate Judge issued a third Report and Recommendation on July 7, 2015 (Doc. 23).
Objections were due on July 24, 2015. Objections were not filed.
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendations should be adopted.
With respect to the Report and Recommendation filed on January 29, 2015 (Doc. 11) and
the objections (Doc. 17) the Court ORDERS that the claims asserted in the amended complaint
against Southern Ohio Correctional Facility (SOCF) and Toledo Correctional Institution (ToCI)

defendants as well as against the Ohio Department of Rehabilitation and Correction (ODRC)
defendants based on incidents that occurred at SOCF and ToCi are DISMISSED without
prejudice.
With respect to the Report and Recommendation filed on March 20, 2015 (Doc. 18) and
the objections filed on April 7, 2015 (Doc. 20), the Court ORDERS plaintiff’s case is
DISMISSED with prejudice for lack of prosecution due to plaintiff’s failure to comply with the
Courts orders of January 29, and February 20, 2015.
Plaintiff’s objections to the January 29, 2015 Order and Report and Recommendation
(Doc. 17) are OVERRULED.
The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of any Order
adopting the Report and Recommendation will not be taken in good faith. See McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
The Court determines from the Report and Recommendation issued July 7, 2015 (Doc.
23) that the plaintiff’s Motion to Stay is DENIED. Plaintiff has previously filed objections to
the two Report and Recommendations filed January 29, 2015 and March 20, 2015 (Doc. 11 and
18). In addition, five months elapsed since plaintiff was first ordered to file a second amended
complaint limited to 20 pages and incidents that occurred at Lebanon Correctional Institute
(LeCI) when he was incarcerated there from October 2012 to June 2013. Plaintiff did not
comply with the Court’s order even though he was granted an additional 21 day extension in
which to do so, which expired on March 13, 2015. Plaintiff has not provided any explanation
that would

justify his failure to file a second amended complaint, particularly given that he has been
prosecuting this case by filing numerous other lengthy documents and motions.

IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court